During the summer of 2011, Republicans threatened to destroy the Nation’s credit rating unless Democrats agreed to massively cut social programs for the elderly, poor and disabled.
President Barack Obama could have countered this extortion through the Racketeer Influenced Corrupt Organization (RICO) Act.
RICO opens with a series of definitions of “racketeering activity” which can be prosecuted by Justice Department attorneys. Among those crimes: Extortion.
Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.”
The RICO Act defines “a pattern of racketeering activity” as “at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years…after the commission of a prior act of racketeering activity.”
And if President Obama had believed that RICO was not sufficient to counter Republicans’ extortion attempts, he could have relied on the USA Patriot Act of 2001, passed in the wake of 9’11.
In Section 802, the Act defines domestic terrorism. Among the behavior so defined: “Activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”
U.S. Department of Justice
The remedies for punishing such criminal behavior were now legally in place. President Obama needed only to direct the Justice Department to apply them.
Criminally investigating and possibly indicting members of Congress would not violate the separation-of-powers principle. Congressmen have in the past been investigated, indicted and convicted for various criminal offenses.
The indictment of large numbers of Republican extortionists would have substantially changed the course of American history while Obama held office.
Instead of raising huge sums of money for re-election battles, those Representatives and Senators would have been forced to raise monies for their legal defense. And while some might have been convicted, others almost certainly would have been.
This would have substantially depleted the ranks of Obama’s sworn enemies—and given him far greater opportunities to enact his legislative agenda.
Such indictments and prosecutions—and especially convictions—would have served notice on current and future members of Congress: The lives and fortunes of American citizens may not be held hostage to gain leverage in a political settlement.
A Cuban Missile Crisis Speech
But Obama could have stood up to Republican extortionists in another way: By urging his fellow Americans to rally to him in a moment of supreme national danger.
President John F. Kennedy did just that—successfully—during the most dangerous crisis of his administration. Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had installed offensive nuclear missiles in Cuba.
John F. Kennedy
Kennedy outlined a series of steps he had taken to end the crisis—most notably, a blockade of Cuba.
Then he sought to reassure and inspire his audience: “The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender or submission.”
President Obama could have sent that same message to the extortionists of the Republican Party—by explaining to the American people:
- Republicans have adopted the same my-way-or-else “negotiating” stance as Adolf Hitler.
- Like the Nazis, they are determined to gain absolute power—or destroy the Nation they claim to love.
- They raised the debt ceiling seven times during the eight-year Presidency of George W. Bush.
- But now that a Democrat holds the White House, raising the debt ceiling is unacceptable.
- Despite Republican lies, we cannot revitalize the economy by slashing taxes on the wealthy and on cash-hoarding corporations while cutting benefits for millions of average Americans.
- We will need both tax increases and sensible entitlement cuts to regain our economic strength.
And he could have ended his speech with a direct call to action by the American people:
President Barack Obama addressing the Nation
“We stand on the edge of economic disaster. Therefore, I am asking each of you to stand up for America tonight–by demanding the recall of the entire membership of the Republican Party.
“This is the moment when each of us must decide—whether we will survive as a Republic, or allow ruthless political fanatics to destroy what has lasted and thrived for more than 200 years.”
Instead, Obama caved in to Republican extortion demands.
In September, 1939, British Prime Minister Neville Chamberlain and French Prime Minister Edouard Daladier sold out their ally, Czechoslovakia, to Adolf Hitler at the infamous Munich Conference.
As Winston Churchill aptly predicted: “Britain and France had to choose between war and dishonor. They chose dishonor. They will have war.”
To paraphrase Churchill: President Obama had to choose between confrontation and timidity. He chose timidity. He got contempt and obstruction in return.
Five years later, the FBI, CIA and National Security Agency informed Obama that Russian Intelligence agents were actively working to ensure Donald Trump’s election as President.
Obama did not publicly release this information–nor indict Trump campaign staffers who were colluding with those agents.
Thus, Trump won the election–and gained the power to destroy Obama’s Presidential legacy.
